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BLACK DIAMOND COAL MINING CO. v. ELLIS

6 Div. 67.

53 So.2d 593 (1951)

BLACK DIAMOND COAL MINING CO. v. Nellie ELLIS, Adm'x.

Supreme Court of Alabama.

Rehearing Denied June 28, 1951.

Attorney(s) appearing for the Case

Lange, Simpson, Robinson & Somerville, of Birmingham, and Huey, Welch & Stone, of Bessemer, for appellant.

Cabaniss & Johnston, Burr, McKamy. Moore & Tate and White, Bradley, Arant & All, of Birmingham, amici curiae.

Lipscomb & Brobston and Jas. M. Hamrick, of Bessemer, and D. G. Ewing, of Birmingham, for appellee.

LAWSON, Justice.

The holding of this court in the case of Woodward Iron Co. v. Craig, Administratrix, 53 So.2d 586, is controlling of this appeal. Upon the authority of that case, the judgment appealed from is reversed and the cause is remanded.

Reversed and remanded.

LIVINGSTON, C. J., and FOSTER and STAKELY...

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